Immigration Benefits and Pitfalls for LGBT Families in a Post-DOMA World

In United States v. Windsor, the Supreme Court held that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. With the end of DOMA, married LGBT binational couples can access the panoply of marriage-based immigration benefits and forms of relief from removal. This practice advisory provides an overview of the agencies’ initial responses to Windsor and highlights some of the issues LGBT families will face in a post-DOMA world. It also includes information about the guidance USCIS issued on Friday, July 26.